Appendix 2: The legal and administrative framework for the use of segregation and restraint in New Zealand (Compiled by New Zealand Human Rights Commission staff) Provisions that apply to all forms of detention New Zealand Bill of Rights Act 1990 Long title: “An Act to affirm, protect, and promote human rights and fundamental freedoms in New Zealand, and to affirm New Zealand’s commitment to the International Covenant on Civil and Political Rights.” • Section 9: “Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.” • Section 23(5): “Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.” Crimes of Torture Act 1989 • Section 2 defines an “act of torture” as “any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person – (a) for such purposes as – (i) obtaining from that person or some other person information or a confession; or (ii) punishing that person for any act or omission for which that person or some other person is responsible or is suspected of being responsible; or (iii) intimidating or coercing that person or some other person; or (b) for any reason based on discrimination of any kind; – but does not include any act or omission arising only from, or inherent in, or incidental to, any lawful sanctions that are not inconsistent with the Articles of the International Covenant on Civil and Political Rights.” • Section 3 makes it a criminal offence for “any person who is a public official or who is acting in an official capacity” to commit, abet or incite an act of torture, or to incite, counsel, or procure any person to commit any act of torture. The Act also applies to attempt, conspiracy or accessory to an act 67